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Mississippi v. Tennessee

Docket No.22o143
ArgumentOct 4, 2021

Holding

The waters of the Middle Claiborne Aquifer are subject to the judicial remedy of equitable apportionment; Mississippi"s complaint is dismissed without leave to amend.

Judgment

Dismissed, 9-0, in an opinion by John Roberts on Nov 22, 2021.

Proceedings & orders timeline

Jun 1, 2014
Documents filed with the Special Master may be found on the Special Master's website at http://www.ca6.uscourts.gov/internet/special_master/special.htm
Jun 6, 2014
Motion for leave to file a bill of complaint filed.
Jul 17, 2014
Order extending time to file response to motion for leave to file a bill of complaint to and including September 5, 2014, for all respondents.
Sep 5, 2014
Brief of respondent City of Memphis, Tennessee, and Memphis Light, Gas & Water Division in opposition filed.
Sep 5, 2014
Brief of respondent Tennessee in opposition filed.
Sep 24, 2014
DISTRIBUTED for Conference of October 10, 2014.
Sep 24, 2014
Reply of petitioner Mississippi, Plaintiff filed. (Distributed)
Oct 1, 2014
DISTRIBUTED for Conference of October 17, 2014.
Oct 20, 2014
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 12, 2015
Brief amicus curiae of United States filed.
May 22, 2015
Supplemental brief of Mississippi, Plaintiff filed.
Jun 9, 2015
DISTRIBUTED for Conference of June 25, 2015.
Jun 29, 2015
Motion for leave to file a bill of complaint GRANTED. Defendants are allowed 30 days within which to file an answer.
Jul 20, 2015
The time to file an answer has been extended for all defendants to and including September 14, 2015.
Sep 11, 2015
Answer of Defendants The City of Memphis, Tennessee, and Memphis Light, Gas & Water Division filed.
Sep 14, 2015
Answer of Defendant State of Tennessee filed.
Sep 16, 2015
DISTRIBUTED for Conference of October 9, 2015.
Nov 10, 2015
It is ordered that the Honorable Eugene E. Siler, Jr., of London, Kentucky, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The cost of printing his Reports, and all other proper expenses, including travel expenses shall be submitted to the Court.
Nov 18, 2015
Oath of Special Master filed
Nov 5, 2020
Report of the Special Master received.
Dec 7, 2020
The Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days.
Jan 13, 2021
Motion for an extension of time to file exceptions to the report of the Special Master filed by defendant State of Tennessee.
Jan 19, 2021
Tennessee's January 13, 2021 motion for an extension of time has been granted as follows: Exceptions to the report of the Special Master are due on or before February 22, 2021; Replies are due on or before April 23, 2021; Sur-replies are due on or before June 7, 2021.
Feb 22, 2021
Exceptions to Report of the Special Master filed by plaintiff Mississippi.
Feb 22, 2021
Exceptions to Report of the Special Master filed by defendants Tennessee, et al.
Mar 1, 2021
Brief amicus curiae of International Law Committee of the New York City Bar Assocation filed.
Apr 23, 2021
Reply of Mississippi to defendants' exceptions to the report of the Special Master filed.
Apr 23, 2021
Reply of Tennessee to Mississippi's exceptions to the report of the Special Master filed.
Apr 23, 2021
Reply of the City of Memphis and Memphis Light, Water and Gas Division to Mississippi's exceptions to the report of the Special Master filed.
Apr 29, 2021
Brief amici curiae of Colorado, et al. filed.
Apr 30, 2021
Brief amicus curiae of the United States filed.
Apr 30, 2021
Brief amicus curiae of Law Professors Noah D. Hall et al. filed.
Jun 7, 2021
Sur-reply in support of exceptions to Report of the Special Master filed by defendants Tennessee, et al.
Jun 7, 2021
Sur-reply in support of exceptions to Report of the Special Master filed by plaintiff Mississippi.
Jun 8, 2021
DISTRIBUTED for Conference of 6/24/2021.
Jul 1, 2021
DISTRIBUTED for Conference of 7/1/2021.
Jul 2, 2021
The Exceptions to the Special Master Report are set for oral argument in due course.
Jul 9, 2021
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 3, 2021
CIRCULATED
Aug 23, 2021
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED, and the time allotted as follows: 30 minutes for plaintiff, 20 minutes for defendants, and 15 minutes for the Acting Solicitor General.
Oct 4, 2021
Argued. For plaintiff: John V. Coghlan, Deputy Solicitor General, Jackson, Miss. For defendants: David C. Frederick, Washington, D. C.; and Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United Sates, as amicus curiae.)
Nov 22, 2021
Exceptions to the Special Master Report overruled in part and sustained in part, and case dismissed. Roberts, C. J., delivered the opinion for a unanimous Court.

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